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Jacqueline Alicia Salcines

Coral Gables Legal Issues Blog

What is the business plan and why is it important?

It takes real courage to start a business in Florida, as there are a number of issues to address, just to get off the ground. As we discussed on the blog a few weeks ago, one of these issues is financing. In conjunction with a finance plan, entrepreneurs should create a business plan that identifies the business's goals and serves as a roadmap with regard to how to reach those goals.

There are a number of matters that can be addressed in a business plan. Amongst them are financing arrangements and managerial styles and marketing strategies. The business plan is typically used to secure investors and lenders. Therefore, it is usually wise to describe the business, its purpose, what it hopes to do, marketing strategies and expected profits in detail up front.

What are the financing options for a small business?

If a Floridian is thinking about starting a business, then there are a number of issues they will need to consider. The market, the business type and management philosophy will all need to be carefully considered. However, before one gets that far, they will likely need to figure out how to finance the new endeavor. This is of critical importance, as inadequate financing leads many small businesses to close.

Generally, small businesses turn to who are considered non-professional investors, such as families, friends and business associates. Although, these individuals can provide a decent start, they typically cannot provide enough funding to truly kick start a business.

There are many ways Florida title issues can arise

Real estate transactions can be enormously complicated. Even those who have experience buying a home or a commercial property can find themselves quickly confused or without a full understanding of what is going on. One area where these transactions can become problematic and difficult deals with title to a property.

In fact, there are a number of ways title issues can pose a real issue for a real estate transaction. For example, if an error was made in public records, then there may be title issues that mean that a home was bought from someone who never even legally owned it in the first place.

Florida law regulates mortgage modification services

Financial difficulties can strike a Florida family at any time. This can make it especially difficult for them to pay their mortgages. Instead of neglecting to pay on one's mortgage and facing potential foreclosure, or even bankruptcy, it is important to carefully consider the other financial options. One of those options is loan modification. By modifying a mortgage, one may be able to obtain a lower interest rate that decreases the mortgage payment. This can provide significant financial relief.

It is important to note, though, that Florida's laws heavily regulate loan modification services. For example, the modification agreement must detail with specificity the services to be provided, as well as the charges to be made to the borrower. The agreement must also be provided to the borrower a full business day prior to his or her signing it, so that he or she has ample time to fully review and understand the document before acting on it.

The remedies for breach of contract

Contracts are the tools through which the business and real estate worlds function. These documents embody bargained for exchange, with each side promising something to the other party. In the business world, contracts can be found in purchase and service agreements, and even as a way to entice and retain employees. Ideally, these documents would be cleanly and clearly drafted being sure to address any and all potential issues that could arise. In reality, though, disputes often arise with regard to whether the parties to a contract adhered to the promises they have made.

When a party fails to live up to one of its obligations under a contract, then the contract has been breached. A breach can result in serious hardship to the wronged party, including significant financial damages and lost time. This is why many breaches of contract wind up serving as the basis of a lawsuit.

Florida firm competently handling landlord-tenant disputes

In an ideal world, the landlord-tenant relationship would be one of trust and understanding. It would also be on where both parties would adhere to their responsibilities, thereby allowing tenants to enjoy livable premises, while landlords received the rent payments to which they are entitled.

But, as many Miami residents know, real life is far from the ideal. Landlords and tenants often find themselves butting heads over a variety of issues. This includes making repairs to the property. When these disagreements cause financial damages, then it may be time to consider legal action.

Real estate transactions: the duty to disclose

Selling one's home in the Miami, Florida, area can be stressful, especially if one needs to sell it quickly because they are buying a new home. Although there are a number of tactics to help quickly sell a home, there are certain legal precautions that sellers need to know. If one does not familiarize themselves with these legalities, then they may wind up on the wrong side of the law, which can incur significant cost.

One aspect of a real estate transaction that gives people issues is disclosures about problems with the property. To protect their interests in closing a sale, many homeowners consider foregoing warning potential buyers about these potential problems, which may include foundational issues, plumbing defects and needed electrical repairs. But, failing to disclose problems that one is aware of could be considered illegal. Therefore, one should be sure to write down any problems and share them with the real estate agent and attorney.

Buying a house? What you need to know about your credit

Buying a house can be a complicated experience on many levels. It’s a huge financial investment, so it tends to be stressful; but it’s also your home, so it tends to be emotional. When you’re going through that process, it’s important to take things one step at a time. But where do you even begin?

Before you schedule those showings, you’re going to want to get one thing figured out: financing. You will want to know if you’re approved for a loan and how much they’re willing to lend. To decide all of that, lenders are going to want to look at your credit, but what are they looking for?

Debt collectors using Facebook to have their way

Many people would agree that debt collectors are the bane of the universe. They call, write letters and generally harass people who tend not to have the money to pay their debts. They may not admit to harassing consumers by using robocallers and sending targeted text messages, but the Federal Trade Commission continually sees debt collectors as garnering the most consumer complaints each year.

If the phone calls and letters were not enough, some debt collectors may turn to social media to get in touch with debtors. Indeed, it is not uncommon for debt collectors to use electronic tools to locate people and to see if they have any assets that could be liquidated to pay debts. After all, most information about real property interests and credit history is available online. However there are some unscrupulous firms who use social media as another means of contacting people. This tactic can raise a number of issues; especially if the debtor has not given their permission to be contacted in this manner.

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